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N.M. marriage heats up as clerks seek guidance from high court

Local group say judgment before the end of September wouldn’t be surprising

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Santa Fe, New Mexico, gay news, Washington Blade

Santa Fe County is among those in New Mexico giving marriage licenses to gay couples (Photo by Karol M. via Wikimedia Commons).

The debate over same-sex nuptials continues to heat up in New Mexico as a total of eight counties have positioned themselves to give marriage license to gay couples and officials on both sides have filed lawsuits seeking a resolution to the issue.

On Thursday, all 33 New Mexico county clerks filed a petition with the State Supreme Court asking justices for clarification on whether granting marriage licenses to gay couples is warranted under the state constitution.

“Intervenor Clerks as a group cannot issue marriage licenses to same-sex couples with confidence of the legality of their actions without an opinion from this Court as to the responsibility and obligation of the County Clerk and legal validity of the marriage licenses being issued, including direction or authority to change the statutory forms,” the petition states.

The Supreme Court had previously decided in response to a petition filed by the National Center for Lesbian Rights and the American Civil Liberties Union that it wouldn’t immediately hear the issue of same-sex marriage, but wanted to lower courts to decide the issue on a expedited basis for a final judgment.

Pat Davis, who’s gay and executive director of ProgressNow New Mexico, told the Washington Blade the organization welcomes the move from county clerks.

“We’ve said all along that that’s the end goal of all, or the gold-standard answer that settles this once and for all,” Davis said. “So, we applaud it. We know the clerks have been looking for this as early as 2004 when the Sandoval County Clerk originally issued marriage licenses on their own, way back when. So from our perspective, it’s long overdue.”

Clerks say resolution from the New Mexico Supreme Court is needed in the wake of a decision from District Judge Alan Mallot that the state constitution requires clerks in in Bernalillo and Santa Fe counties to give marriage licenses to gay couples.

They note Mallot’s reading of the state constitution differs from two attorneys general who say same-sex marriage is unavailable under current law. They also question Mallot’s reading of how state constitution prohibits discrimination against gay couples when it explicitly prohibits discrimination based on sex, but not sexual orientation.

Davis said ideally he’d like to see the court accept the petition “very soon” to give clerks assurances on how to act.

“We’ve seen our Supreme Court act in as little as a week, and while that’s not likely in this case, it would not be surprising to a lot of us if this were settled before the end of September,” Davis said.

Meanwhile, the number of clerks in New Mexico that have decided to give out marriage licenses to gay couples — either under their own volition or under court order — continues to grow.

District Judge Sheri Raphaelson this week ordered Los Alamos County to give marriage licenses to gay couples, making it the eighth county in New Mexico where same-sex marriage is available. According to an analysis from AMERICAblog’s John Aravosis, the decision means 58.5 percent of New Mexico’s population has marriage equality.

Davis said the number of counties issuing marriage licenses to gay couples demonstrates that marriage equality is coming to the entire state at high speed.

“So, at this point, more than half of the residents of the State of New Mexico has access to the freedom to marry,” Davis said. “The ones that remain are in places where some of the clerks have indicated they would if their district court said they could. Ultimately, they all say they will if the Supreme Court does it.”

Still, Republicans have finally gone through with their announced plans to file lawsuits in New Mexico to stop same-sex marriages from happening. They’ve filed lawsuits in Dona Ana, San Miguel and Valencia counties — the three counties that are issuing marriage licenses to gay couples on their own accord as opposed to a court order.

In the petition filed in Dona Ana County, Republicans, including anti-gay State Sen. Willam Sharer, argue that the clerk should stop issuing marriage licenses because the county is operating outside state law.

“The Legislature is explicit in its prescription of the method of issuing marriage licenses; applicants must fill our an application that is substantially identical as the uniform marriage license application form, which requires both a male and female applicant,” the petition states. “Respondent has not been granted authority to issue marriage licenses in any manner that doesn’t correspond to those instructions.”

Davis said Republicans’ decision to file the petitions only in counties giving marriage licenses to same-sex couples without court order may, in fact, affirm the actions of these county clerks.

“We think it’s going to be pretty ironic, actually, that the Republican challenge may actually work to expand the legal protection for marriage equality across the state,” Davis said. “We haven’t found a single person yet who’s following this case and has any sense in constitutional law in New Mexico that thinks they’re going to prevail.”

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Congress

House passes reconciliation with gender-affirming care funding ban

‘Big Beautiful Bill’ now heads to the Senate

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael. Key)

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.

But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.

The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.

To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.

The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:

“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give  handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.

“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”

Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.

Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

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Congress

Gerry Connolly dies at 75 after battle with esophageal cancer

Va. congressman fought for LGBTQ rights

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U.S. Rep. Gerry Connolly (D-Va.) speaks at a Barack Obama rally on Oct. 19, 2012. (Washington Blade photo by Michael Key)

Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.

The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.

“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”

“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.

Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).

Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.

The congressman also supported LGBTQ rights throughout his life and career.

When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.

In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.


 

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Congress

Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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